Milk Magic

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Terms and Conditions

Welcome to Milk Magic!

The terms and conditions as set out herein (“Terms”) constitute an agreement between Jayshri Gayatri Food Products Private Limited, having its registered office at JGF House, In Front of Baghira Apartment, Vande Matram Square, Bittan Market, Bhopal - 462 016 (“JGFPPL”, “we”, “us”or “our”), which manages and operates https://www.jgfmilkmagic.com/ and its mobile application/website/tablet/desktop (collectively called as “Milk Magic Platform”) and a natural or legal person who accesses and/or uses Milk Magic Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Milk Magic Platform (“Service(s)”), as updated from time to time.

By using the Milk Magic Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Milk Magic Platform. Please top up your Milk Magic wallet or place an order on Milk Magic, if you agree to be bound by the Terms. If you have any questions about the terms, please contact at support@jgfppl.com. Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Milk Magic Platform and transaction or dealings thereon.

For the purposes of these Terms: (a) “Milk Magic Platform” means the online platform https://www.jgfmilkmagic.com/, which include its corresponding mobile application/wallet/ website/tablet/desktop as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) “Products” shall mean any perishable and non-perishable food products and household products and such other products as may be offered for sale to you on the Milk Magic Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

These Terms are divided into 2 (two) parts, part A and Part B mentioned below.

  1. TERMS AND CONDITIONS FOR USAGE OF MILK MAGIC PLATFORM
  2. TERMS AND CONDITIONS OF SALE ON MILK MAGIC PLATFORM

Please carefully read all the parts to understand the conditions applicable in case of usage of the Milk Magic Platform and for purchase of Products thereof.

“PART A – TERMS AND CONDITIONS FOR USAGE OF MILK MAGIC PLATFORM”

  1. GENERAL
    1. The terms and conditions for usage of the Milk Magic Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Milk Magic Platform, which provides a forum for you to inter alia enable you to discover, select and buy Products listed on Milk Magic Platform at the indicated price at any time, from the locations serviceable by us.
    2. Please note that we may from time to time change the Terms of Use that govern your use of the Milk Magic Platform, such changes shall be effective immediately upon posting on the site. Every time you wish to use our Milk Magic Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Milk Magic Platform or suspend the operation of the Milk Magic Platform for support or maintenance work, in order to update the content or for any other reason, at any time, with or without any prior information/ intimation, in any manner whatsoever.
    3. Any accessing, browsing, or otherwise using the Milk Magic Platform indicates your agreement to these Terms of Use, the Privacy Policy of Milk Magic Platform and any other policies or guidelines that may be applicable on the Milk Magic Platform at the time of your access and usage of the Milk Magic Platform and which may be updated from time to time (collectively, the “Agreement”).
    4. This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
    5. We authorise you to view and access the Milk Magic Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you a limited, revocable permission to access and use the Services.
    6. By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Milk Magic Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Milk Magic Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
  2. REGISTRATION OF YOUR ACCOUNT
    1. In order to purchase Products on the Milk Magic Platform and/or avail the Services, you will have to sign-up/ register on the Milk Magic Platform. Registration is a one-time process based on successful mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services only after providing necessary forms and details as may be required by us at the time of your registration.
    2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Milk Magic Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
    3. You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Milk Magic Platform, terminate accounts, remove or edit content at any time without notice to you.
  3. COMMUNICATION AND UNSUBSCRIPTION
    1. By accepting the Terms of Use, you also accept to receive news, updates, offers and campaign related notifications on the platform. By accessing and using the Milk Magic Platform, you explicitly consent to receive such communications by any means/mode, including but not limited to, by push notification on the platform; SMS on registered mobile number; email on the registered email address; IVR call or manual call, as the case may be, as and when required, for sending any update or information to you (by any electronic means, as the company may deem fit to use) from us regarding any new services or offerings or communicating the one- time password.
    2. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications. However, if you unsubscribe/ opt-out as stated, you may not be able to optimise the services offered at the platform.
  4. AVAILIBILITY AND ACCESIBILITY OF MILK MAGIC PLATFORM
    1. We operate this Milk Magic Platform in India and makes no representation that the materials and the content available on the Milk Magic Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Milk Magic Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
    2. We have several websites offering Products, Services, content and various other functionalities to specific regions in the territory of India. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
    3. Information that we publish on the world wide web may contain references or cross references to our Products, programs and Services that are not announced or available in your region. Such references do not imply that we intend to announce such Products, programs or Services in your region. Connect with us at support@jgfppl.com, for information regarding the Products, programs and Services that may be available to you.
  5. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
    1. In your use of Milk Magic Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Milk Magic Platform or access any other third-party website linked to the Milk Magic Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
  6. LICENSE AND USE OF YOUR CONTENT
    1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Milk Magic Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Milk Magic Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
    2. You agree that we do not routinely monitor your postings on Milk Magic Platform but reserves the right to do so. However, if we become aware of inappropriate use of the Milk Magic Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
    3. Submissions and unauthorised use of any materials contained on the Milk Magic Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorney’s fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Milk Magic Platform or the use of the Milk Magic Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
    4. We reserve the right to terminate access to this Milk Magic Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.
  7. USER WARRANTIES AND RESTRICTIONS
    1. You represent and warrant that: (a) your use of Milk Magic Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Milk Magic Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
    2. You will use Milk Magic Platform for lawful purposes only and will not undertake any activity that is harmful to Milk Magic Platform or its content or otherwise not envisaged through the Milk Magic Platform. You have a limited license to access and use Milk Magic Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
    3. You will not do any of the following:
      1. Delete or modify any content on Milk Magic Platform, such as any information regarding the Services, their performance, sales or pricing;
      2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Milk Magic Platform;
      3. Make false or malicious statements against the Services, Milk Magic Platform or us;
      4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Milk Magic Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Milk Magic Platform and/or the Services;
      5. Introduce any trojans, viruses, any other malicious software, any bots or scrape Milk Magic Platform for any information;
      6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
      7. Hack into or introduce malicious software of any kind onto Milk Magic Platform;
      8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
      9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
      10. Create any identical platform for any malicious and fraudulent motive or for any other reason whatsoever,
    4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Milk Magic Platform, any information that:
      1. belongs to another person and to which you do not have any right;
      2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonates or defames another person; or
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
    5. We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Milk Magic Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Milk Magic Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
  8. COPYRIGHTS IN JGFPPL CONTENT
    1. The Milk Magic Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“JGFPPL Content”). All copyright and other intellectual property rights in the JGFPPL Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the JGFPPL Content as part of Milk Magic Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Milk Magic Platform are either owned by or licensed to us.
    2. You may use and display the JGFPPL Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non- transferable license to you by us when you register on the Milk Magic Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the Milk Magic Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
    3. You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any JGFPPL Content contained in the Milk Magic Platform. These restrictions apply in relation to all or part of the JGFPPL Content available on the Milk Magic Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Milk Magic Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Milk Magic Platform; or (e) link any other material to the Milk Magic Platform, without our express written consent.
    4. The license granted to you does not include a license for: (a) resale of Products or commercial use of the Milk Magic Platform or JGFPPL Content, (b) any collection and use of product listings, description, or prices, (c) any use of Milk Magic Platform, the Services and/or of JGFPPL Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Milk Magic Platform, and (f) creating and/ or publishing your own database that features parts of the Milk Magic Platform.
    5. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@jgfppl.com and let us know of your concerns.
  9. TRADEMARKS
    1. All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
  10. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
    1. We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this Milk Magic Platform is correct at the time of inclusion on the Milk Magic Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
    2. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Milk Magic Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Milk Magic Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage or expense arising out of any access to, use of, or JGFPPL upon, this website, the Information, or any third-party website linked to this Milk Magic Platform. We are not responsible for the content of any third-party sites and do not make any representations and or endorsement regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
    3. As means to assist the users in identifying the Products of their choice, we provide visual representations on the Milk Magic Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids, as may be provided to us by the respective brand/product owners or otherwise. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons and hence no claim to be considered by the customer on such account in any manner.
    4. Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
    5. We do not covenant or provide any representations and warranties: 
      1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Milk Magic Platform;
      2. that the Services will be made available at all times; and
      3. that the operation of Milk Magic Platform, including the functions contained in any content, information and materials on Milk Magic Platform or any third-party sites or services linked to Milk Magic Platform will be uninterrupted, or that the defects will be rectified, or that Milk Magic Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
    6. THIS MILK MAGIC PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE MILK MAGIC PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. Disclaimer - To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Milk Magic Platform.
  11. INDEMNIFICATION AND LIMITATION OF LIABILITY
    1. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Milk Magic Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  12. APPLICABLE LAW AND JURISDICTION
    1. These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Milk Magic Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Bhopal, India for the resolution of all such disputes.
  13. WAIVER
    1. No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  14. SEVERABILITY
    1. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
  15. AMENDMENT
    1. These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Milk Magic Platform. You relationship with the Milk Magic Platform will be governed by the most current version of these Terms of Use, as published on Milk Magic Platform.
  16. FORCE MAJEURE
    1. We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
  17. GRIEVANCE OFFICER:
    1. In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:
      1. Name:Hirdesh Malviya
      2. Designation:Grievance Officer
      3. Email Address:asmbpl@jgfppl.com
  18. NODAL OFFICER
    1. Name:Ashok Kumar    
    2. Designation:Nodal Officer
    3. Email Address:rsm@jgfpl.com
  19. MISCELLANEOUS
    1. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.
    2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Milk Magic Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

“PART B – TERMS AND CONDITIONS OF SALE ON MILK MAGIC PLATFORM”

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase the Products from us on or through the Milk Magic Platform. By adding any Product in the basket on the platform for making a purchase of the Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. OUR CONTRACT OF SALE
    1. Listing and display of a Product by us on Milk Magic Platform is our invitation to you to make an offer for purchase of such Product by adding the same in the cart/basket. Likewise, adding any offered product in the basket on the Milk Magic Platform by you is your offer to buy the Product(s) from us.
    2. Any communication from us shall be sent by either way, such as via push notification/ SMS on registered mobile number/ Email on registered email id/ IVR call/ manual call, as the case may be, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address and the address for delivery on the Milk Magic Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
    3. Your contract is with us and you confirm that the Product(s) added to the basket by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and User placing recurring Product order where the individual orders comprise a quantity typical for a normal household.
    4. All items added to the basket on Milk Magic Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
    5. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non- commercial use.
  2. PRODUCT RETURN AND REFUND
    1. Please review the Returns Policy and Refund Policy of Milk Magic Platform, which applies to Products sold by us.
  3. PRODUCT AVAILABILITY
    1. We list availability information for the Products on the Milk Magic Platform. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, we may send you the communication by way of Push notification or SMS or email or IVR call or any manual call, as the case may be, once your order is delivered. However, if any Products you added in the basket/cart turn out to be unavailable or out of stock at the time of processing the order, the same shall be auto removed from the cart/basket with simultaneous credit in your Milk Magic Wallet balance / update in the subscription item as the case may be and may also be informed to you before delivery of your order.
  4. PRODUCT PRICING
    1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
    2. Products in your shopping cart of Milk Magic Platform will reflect the most recent price as displayed on the Product’s information webpage on Milk Magic Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may increase or decrease between the time you place it in your shopping cart and the time your order is processed. The prices charged at the time of order processing will be the final price charged on your Milk Magic Wallet.
    3. Due to perishable nature of the Products, Milk Magic Platform procures and supplies fresh products depending upon its shelf life. However, in case of change in price of the Product subscribed on Milk Magic Platform, any revision in cost of the Product would be charged accordingly. i.e, if it is downward revision in the price of the product, the balance shall be returned back to your Milk Magic wallet, however, in case of an upward revision in the price of the product, the additional cost shall borne by you and it shall be charged on your Milk Magic Wallet. In case the Milk Magic Wallet does not have sufficient balance, we shall intimate you to top-up the Milk Magic Wallet with the requisite amount, pending which we may not be able to process your orders.
  5. LICENSES
    1. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
  6. TAXES
    1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
  7. ELIGIBI LITY
    1. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Milk Magic Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on Milk Magic Platform only with the involvement of a parent or guardian.
  8. LIMITATION OF LIABILITY
    1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
  9. AMENDMENTS
    1. We reserve the right to make changes to our policies, and these Terms of Sale at any time, with or without prior information to the Customer. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
  10. FORCE MAJEURE
    1. We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
  11. WAIVER
    1. No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  12. GOVERNING LAW AND DISPUTE RESOLUTION
    1. You and Us shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the You and Us from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees and disbursements.
    2. Subject to the arbitration clause above, the Parties agree to submit to the exclusive jurisdiction of competent courts at Bhopal, India
  13. MISCELLANEOUS
    1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
    2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

E-Wallet - Terms & Conditions

Welcome to Milk Magic!

  1. Jayshri Gayatri Food Products Private Limited, having its registered office JGF House, In Front of Baghira Apartment, Vande Matram Square, Bittan Market, Bhopal – 462 016, Madhya Pradesh, India (“JGFPPL”, “we”, “us”or “our”) is managing and operating the mobile application/website https://www.jgfmilkmagic.com/ (collectively referred to as the “Milk Magic Platform”) and the rules made there under, through which it inter alia facilitates the sale and purchase of perishable and non-perishable food products and households products and such other products on the Milk Magic Platform (“Products”) to the users of the Milk Magic Platform (“User”or “Users” or “you” or “your”).
  2. Please read these terms and conditions carefully. By accessing or using the services provided through the Milk Magic Platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use the services provided by the Milk Magic Platform.
  3. These terms and conditions (“Terms and Conditions”) govern your use of the Prepaid Milk Magic E-Wallet (“Milk Magic Wallet”) created on the Milk Magic Platform for your usage towards ordering Milk Magic services. This Milk Magic Wallet is the property of JGFPPL to whom it must be surrendered, upon request. The following terms and conditions shall apply to the prepaid account of your Milk Magic Wallet. By using the Milk Magic Wallet, you agree to the below mentioned Terms and Conditions. Please ensure that you have read carefully and understood these Terms and Conditions before using your Milk Magic Wallet and also request you to keep a copy of these Terms and Conditions for your records. You further agree that by using the Milk Magic Wallet, you confirm that you have read, understood and accepted the detailed Terms and Conditions of the Milk Magic Wallet.
  4. Eligibility
    • To be eligible for the Milk Magic Wallet membership, you should be competent to enter into a contract i.e. you should have attained the age of majority according to the Indian law. Milk Magic Wallet is not targeted towards, nor intended for use by anyone who has not attained the age of majority. Any person under the age of 18, may only use the Milk Magic Wallet under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
  5. About Your Account
    • Milk Magic Wallet is issued to you by JGFPPL. It allows you to load a rupee value onto your Milk Magic Wallet for use only on Milk Magic Platform. The value associated with the Milk Magic Wallet is not insured or guaranteed by any person or entity.
    • The rupee value that you load onto your Milk Magic Wallet is a prepayment only for purchasing the goods and availing the services on Milk Magic Platform in India unless otherwise specified.
    • Milk Magic Wallet can be loaded on Milk Magic Platform using either cash / credit card / debit card / UPI / Internet Banking / any other RBI approved e-wallets managed and governed by other private or government entities. One Milk Magic Wallet cannot be reloaded by using any other registered/unregistered Milk Magic Wallet.
    • JGFPPL reserves the right not to accept any Milk Magic Wallet or otherwise limit use of a Milk Magic Wallet if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. Further, misuse of the Milk Magic Wallet or its benefits in any manner may result in disablement of the Milk Magic Wallet and/or withdrawal of benefits at the sole discretion of JGFPPL. Please maintain the Milk Magic Wallet safely and securely.
  6. Loading Value in your Milk Magic Wallet
    • Milk Magic Wallet is automatically created and enabled as soon as you register for Milk Magic Platform’s services while accepting these Terms and Conditions. The Milk Magic Wallet gets activated by loading money in it either through cash / credit card / debit card / UPI / Internet Banking / any other RBI approved e-wallets managed and governed by other private or government entities by visiting the Milk Magic website or Milk Magic mobile app. Milk Magic Wallet can be used as a mode of payment, whenever the Milk Magic Wallet-holder purchases goods or services from Milk Magic website or Milk Magic mobile app. The minimum amount that must be initially loaded onto your Milk Magic Wallet is INR 250 (Rupees Two Hundred Fifty only). The balance on the Milk Magic Wallet does not have a validity or expiry period.
    • JGFPPL may change the maximum and minimum amounts at any time by notifying you at the point of recharge, or on the Milk Magic website (www.jgfmilkmagic.com), and such change shall not constitute an amendment to these Terms and Conditions. No credit card, credit line, overdraft protection or deposit account is associated with a Milk Magic Wallet. The balance loaded onto your Milk Magic Wallet is non-refundable and may not be exchanged for cash or credit balance unless required by law in India. No interest, dividends or any other earnings on funds deposited to a Milk Magic Wallet will accrue or be paid or credited to you by JGFPPL.
    • All amounts loaded onto your Milk Magic Wallet are held and denominated in Indian Rupees.
  7. Fees and Expiration of Wallet Balances
    • JGFPPL reserves its right, in its sole discretion and without any prior notice, to impose and/or revise charges/commissions in relation to your use of the Milk Magic Wallet. The current charges for your Wallet are provided hereunder, the same are subject to change;
    •  
ServiceCharges (Rs.)
RegistrationNIL
Account top up through credit card/debit card/net banking/UPI/- e-wallet or any other electronic payment payment methodNIL
Payment for goods and servicesNIL
Membership charges (entitling a customer upto 30 free home deliveries) 
* Membership chargesRs 129 for 30 days
*Membership charges are non-refundable and will be charged in advance for 30 days or it may be offered for free trial basis for a particular period, on case to case basis, as may be decided by us.
  1. All charges mentioned above are exclusive of applicable taxes including GST
  2. Receipts and Statements
    • Milk Magic Wallet holders are not sent statements of itemized transactions on their registered email id from a Milk Magic Wallet account. You can check the balance of your Milk Magic Wallet or review recent transactions on your Milk Magic Wallet by logging into your Milk Magic account on www.jgfmilkmagic.com  or on the Milk Magic mobile app.
    • You will need to use your Milk Magic Wallet to make purchases for the goods and availing the services on Milk Magic Platform. When you use your Milk Magic Wallet, you will receive the details of your order and payment in the Account History section of your Milk Magic account. The Shopping Credits section of your Milk Magic Account will provide the remaining balance of your Milk Magic Wallet. You should check your order and payments details to ensure that your account balance is correct
  3. Billing Errors, Corrections
    • JGFPPL reserves the right to correct the balance of your Milk Magic Wallet if there is reason to believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Milk Magic Wallet, please email your concern at support@jgfppl.com.
    • JGFPPL will conduct an investigation and communicate the results and correct any error that after conducting a thorough investigation in a reasonable time-frame. If no error is found, a suitable explanation shall be communicated to you. JGFPPL shall have no liability for any billing error unless you provide a notice within 7 (seven) days of the date of the transaction in question. You are requested to monitor your transactions and account balances accurately.
  4. Registration, Liability for Unauthorized Transactions
    • You are responsible for all transactions associated with your Milk Magic Wallet, including transactions claimed to be unauthorised. The Milk Magic Wallet does not have a separate authentication password or PIN and can be used to make transactions once you have logged-in to the Milk Magic Platform using Mobile Number-Password combination or Mobile number- OTP authentication. The mobile application remains in a state of permanent log-in and anyone with access to your mobile phone can have access to your application and thereafter use your Milk Magic Wallet. You agree to take full responsibility of any unintended or unauthorised access to your Milk Magic Wallet.
  5. Blocking of Milk Magic Wallet:

JGFPPL reserves the right to block your Milk Magic Wallet and/or discontinue, if JGFPPL determines or observes in its sole discretion that there has been any of the below instances/activities:

  1. fraudulent or unauthorized activities through your Milk Magic Wallet.
  2. unfair practices and or mala fide intention of claiming refunds from Milk Magic on fraudulent ground
  3. causing harassment to Milk Magic and / or its employees.
  4. directly or indirectly threaten to or cause harm to the brand image of Milk Magic on a public forum (including but not limited to social media, print or electronic media).
  5. Returning of money back to the customer in case of blocking of Milk Magic Account (Account closure).
    • In case of blocking of your Milk Magic Account by JGFPPL due to any of the reason stated above, the money lying in your Milk Magic Wallet, after adjustment of any cashback/fraudulent transactions already given, shall be returned back to the source. The money shall be returned back to the source within 15 days from the date of raising successful request with the customer care, subject to submission of KYC, as applicable.
  6. Returning money back to the customer in case of voluntary closure of account by the customer:
    • In case you are not willing to use the Milk Magic Platform and want to close your account, the money lying in your Milk Magic Wallet, shall be returned back to the source on raising a request on the platform through customer care chat option. The money shall be returned back to the source within 15 days from the date of raising successful request with the customer care, subject to submission of KYC, as applicable.
  7. Privacy Statement
    • You hereby authorise JGFPPL to disclose your information to Government authorities or to competent authorities or to credit bureaus or to other third persons, to comply with the obligation under the law. You also authorise JGFPPL to use your information for offering product and services to you, including from its associates/partners unless specified otherwise.
    • For information concerning how we collect, use and disclose information concerning the Milk Magic Wallet and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement mentioned on our website.
  8. Changes to these Terms and Conditions
    • JGFPPL reserves the right to add, alter, amend and revise terms and conditions as well as the rules and regulations governing the Milk Magic Wallet without prior notice, and without assigning any reasons thereof. In the event of such changes, the latest terms & conditions will be updated and viewed on our website (www.jgfmilkmagic.com)
  9. Cancellation of these Terms and Conditions
    • We may suspend or terminate these terms and conditions and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may also result from your fraudulent or unauthorized use of the Milk Magic Wallet.
  10. Limited Liability and Disclaimer
    • JGFPPL and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Milk Magic Wallet, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. JGFPPL does not represent or warrant that your Milk Magic Wallets will always be accessible or accepted.
    • In the event that JGFPPL or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Milk Magic Wallet. JGFPPL and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if JGFPPL or its authorized representatives have been advised of the possibility of such damages. In no event shall JGFPPL or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Milk Magic Wallet through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. JGFPPL is not liable for non-fulfilment of any terms in full or in part due to any reason beyond its control.
    • The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Terms and Conditions. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
    • The decision of the management of JGFPPL is final and shall be binding at all times.
  11. Assignment
    • We may assign all or part of these Terms and Conditions without such assignment being considered a change to these Terms and Conditions and without notice to you and shall be released from all liabilities The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the Terms and Conditions.
  12. Governing Law
    • All disputes, in connection with Milk Magic Wallet or its program shall be governed and construed in accordance with Indian Laws and are subject to the exclusive jurisdiction of Bhopal, Madhya Pradesh only.
  13. Entire Terms and Conditions, Construction
    • These Terms and Conditions is the complete and exclusive between you and JGFPPL, and supersedes and merges all prior proposals and all or any other prior arrangement/agreements. In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force, effect and shall be enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of these Terms and Conditions.
  14. In case of any grievances you can contact: